General Terms of Sale
Purpose of the website and designation of parties
The current website is edited by LJC International, an SAS with a capital of 10000 €, registered with the trade and companies of Nanterre under the number 53842261900014, and whose headquarters are located at 21 rue Gardenat Lapostol, 92150 Suresnes - France.
Intracommunity VAT number: FR07538422619.
The website is hosted by Oxatis whose headquarters are located at 18, rue de la Butineuse, 13015 Marseille reachable by phone at the following phone number: +33(0)108201022.
The website’s publication director and the editing director is Claudia Teixeira Ghiringhelli.
The website is open access and free to all web users.
Entering into a contract governed by these general conditions with the publisher of this website implies the user’s acceptance of these general terms and conditions. The user recognizes the same fact by becoming fully aware of it. This acceptance will occur by placing an order on the site.
This fact shall be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the value of the proof of the website publisher’s automatic registration systems and, except when he provides evidence to the contrary, he waives the right to contest them in the case of a dispute. The acceptance of the general conditions implies on the part of the user that he has the legal capacity necessary to do this, or if not, that he has the permission of a guardian or a trustee, his legal representative if he is minor, or that he has a mandate when acting on behalf of a legal person.
Modality of subscription orders and purchasing process overview
In order to comply with the provisions of the Act of trust in the digital economy of 21 June 2004, the ordering process will be described hereinafter: to place an order, Internet users will be able to select one or more objects and add them to their shopping cart. When their order is complete, they will be able to access their shopping cart by clicking on the button provided for this purpose.
By viewing their cart, members shall have the right to verify the number and the nature of the items they have chosen and will be able to check their unit price and the total price of the order. They will be able to remove one or more objects from their shopping cart.
If they are satisfied with their order and wish to validate it, users will be able to click on the validate button. They will then have access to a form in which they can either enter their login credentials if they already have them, to register on the website by completing the form that is presented with personal information about them.
Once they are logged in or after they have fully completed the form, customers will be invited to check or modify their delivery and billing details, and then they will be invited to make payment by being redirected to the secure payment interface.
Once the payment is actually received by the site’s publisher, the latter undertakes to acknowledge receipt to the customer electronically, within a maximum period of 24 hours. Similarly and within the same timeframe, the publisher undertakes to send the customer an e-mail summary of the order and a processing confirmation. It will also contain all information relating to the order, the products ordered, delivery, as well as the procedures for exercising their right of withdrawal.
The prices indicated on the site are expressed in Euros, including tax for intra-community deliveries, excluding tax for EU deliveries, and excluding delivery costs. These prices may be changed at any time by the publisher; prices are only valid on the day of the order and do not carry effect for the future.
Delivery charges will be, in any event, indicated to the client before any payment. Products and articles sold remain the property of the seller until full payment of their price, in accordance with the ownership reserve clause.
Product availability is indicated on the website on each item’s description page.
Information related to payment
The internet user may place an order on the website, and he may make payment using a bank card or PayPal.
Delivery or provision
Orders are delivered by La Poste, TNT, or another carrier chosen by the seller. Products are delivered to the address indicated by the consumer on the order, only in the areas serviced by the seller.
The delivery time is on average 3 days after the package departure notice. Certain products or certain order volumes may justify a delay in delivery greater than 3 working days. It will be brought to the consumer’s attention during order validation. As with all shipping, delays or lost products are possible. In such a case, the website publisher will contact the carrier to begin an investigation. Every effort will be made to find the package. In the event that the package is not delivered within 15 days after the package’s departure, an identical product may be sent or the purchaser may request a refund of his order.
We disclaim all responsibility when deliveries are delayed as a result of the carrier, in the event of product loss, weather, or a strike.
Delivery problems as a result of the carrier
Any anomaly concerning delivery (damage, a missing product compared to the delivery order, a damaged parcel, broken products...) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer’s signature.
On the same day as the delivery, or no later than one business day after delivery, the consumer must make any delivery error complaint and/or non-conformity of products in kind or in quality compared to the indications mentioned on the order form to the SELLER.
The formulation of this claim to the seller may be made to the seller's address.Any claim not performed within the rules defined above or within the time limits will not be taken into account and shall relieve seller of any liability towards the consumer.
In case of delivery error or exchange error, any product for exchange or refund must be returned to the seller as a whole, in its original packaging in perfect condition, to the seller's address. To be accepted, any return will have to be reported and have the seller’s consent, which if agreed will re-ship the package to the correct address.
Shipping costs are borne by the seller, except in the case where it will prove that the product does not correspond to the original declaration made by the consumer on the return notice.
Provisions related to consumer’s rights
The website’s customer service is accessible from Monday to Friday from 9:00 AM to 6:00 PM at the following non-premium rate telephone number: + 33 (0) 1 41 38 26 62, or by email at the following address email@example.com, or by mail at the following address: LJCInternational, Customer Service, 21 rue Gardenat Lapostol, 92150 Suresnes - France. In the last two cases, the publisher commits to provide a response within 2 days.
· goods whose price depends on fluctuations in financial market rates
· goods made according to the consumer's specifications or clearly personalized or which, because of their nature, cannot be re-shipped or are likely to deteriorate or expire rapidly
· audio or video recordings or computer software if they are unsealed by the consumer
· newspapers, periodicals or magazinesAny delay in delivery may lead to the resolution of the sale at the initiative of the consumer, upon written request from on his part. The consumer will then be refunded the sums paid by him when he placed the order. This clause is not intended to apply if the delay in delivery is a result of a case of force majeure, beyond the publisher’s control. In such cases, the customer agrees to not pursue legal action against the site or its publisher and renounces to avail themselves of the resolution of the sale provided for in this article.
Guarantee for products purchased on the website
In the event a product purchased on this site is defective, customers have, in accordance with the provisions of the civil code on the legal guarantee against hidden defects, a period of two years from finding the said defect to ask for an exchange or refund of the product, and, in the application of Article L211-5 of the Consumer Code they will have a period of two years from the receipt of the said product for an exchange or a refund in the event the delivered good is not suitable, in the sense of the meaning given to that word by the aforementioned article. In order to exercise any of these rights, it is their responsibility to return the parcel to the company’s headquarters address: YOA International, After-sales Service, 21 rue Gardenat Lapostol, 92150 Suresnes - France, accompanied by a letter of explanation requesting either a refund or an exchange. The cost of sending the package, in the latter case only, will then be refunded to the customer by check or by wire transfer, within a maximum period of thirty days.
Consequently, in case damage is caused to a person or property by failure of the product, only the manufacturer’s liability may be sought by the consumer on the basis of the information contained on the packaging of said product.
Creation of a personal space is a prerequisite for any user to place an order on this site. To this end, the member will be asked to provide certain personal information. The member commits to providing accurate information, or he may be subject to cancellation of the contract and deletion of the customer account by the publisher. Some information will be deemed essential to enter into the contract, and collecting it may be necessary to create a personal space and validate the contract. A member’s refusal to provide such information will prevent the creation of a personal space and as a result, validation of the order.
By checking the box provided for this purpose or by expressly agreeing to it, members agree that the publisher can provide a newsletter (informational) that may contain information related to his activity on the site, at a frequency and in a form determined by the publisher.
When the user checks the box provided for this purpose, he agrees to receive commercial offers from the site’s publisher for products and services similar to those ordered.
Notices related to the Freedom and Information Act of 6 January 1978
Internet users have the freedom to provide their personal information. Providing personal information is not required to navigate the website. However, registration on this site assumes that the publisher will collect certain personal information about internet users. Internet users who do not wish to provide information necessary to use the services offered by this site as well as, where appropriate, the information necessary to create a personal space, may not use the services provided by the site publisher nor place an order on this site.
In order to allow all users optimal navigation on this site as well as better functioning of the different interfaces and applications, the publisher may proceed with implantation of a cookie on the user’s computer. This cookie is used to store navigation-related information (date, page, times, etc.) as well as any data entered by users during their visit (searches, login, email, password, etc.). These cookies are meant to be stored on the user’s computer for a variable period of up to 10 months and can be read and used by the publisher during a subsequent visit by the user to this site.The user has the ability to block, modify the retention period, or delete this cookie through his browser’s interface (usually: tools or options / privacy or confidentiality). In this case, navigation on the site will not be optimized. If systematic disabling of cookies on the user’s browser prevents him from using certain services or functions provided by the publisher, this event cannot in any way constitute damage to the member who will not be entitled to any compensation as such.
Users also have the ability to delete cookies present on their computer, by going to the menu provided by their browser (usually, tools or options / privacy or confidentiality). Such an action will have no impact on their navigation on this site, but users lose any benefits of using cookies. In this case, they will have to re-enter all of their personal information.
Publisher’s exemption from liability in executing this contract
In the event the site is inaccessible due to technical problems or any other type, the user or the customer will not be entitled to damages nor claim any compensation.
Intellectual property rights related to items published on this site
All elements comprising this site belong to the publisher and as such are protected by intellectual property legislation.
These general terms and conditions are subject to the application of French law.
Privacy and Personal Data Policy
The information collected about you is processed by OXATIS, our Data Protection Officer.
2. Personal data collected
When shopping on our website, you are likely to enter your personal data (when creating an account, a request for
contact). Please note that we only ask for personal data for which we have a real use in order to personalise the
messages we send to you.
The personal data that can be collected on our site www.lesjardinsdelacomtesse.com is the following:
- Account creation: your account, first name, date of birth, postal address, email address, telephone number and your
connection data are registered when creating your account.
- Information from third parties: Some of your data (in particular your last name, first name and telephone number and/or
postal address) may have been sent to us, with your prior agreement, by our partners.
- Contact: When filling in the contact form, your name, email address, telephone number and your message are collected.
- Analysis tools: Our website uses analysis tools such as Google Analytics. To work, Google Analytics uses "cookies" to
analyse site usage by users (e.g. most visited pages). Through these cookies, we collect your browsing data on the site as
well as your IP address. The data retention period is 26 months.
We use Google Analytics to regularly analyse and improve our website so that it meets your expectations as much as
All of this data is collected for the purpose of managing online purchases made by customers, improving our service and
products as well as the content we provide. As an e-commerce site, our legal basis is the execution of the sales contract.
A cookie is a text file posted when you visit an online site, application or advertisement and stored in a specific area on
your computer or mobile device's hard drive. Cookies are managed by your Internet browser and only the sender of a
cookie can decide to read or modify the information contained therein.
You can also set your browser to send a code, indicating to the websites you do not want to be tracked ("Do not track"
Microsoft Internet Explorer
http://windows.microsoft.com/fr-fr/internet-explorer/use-tracking-protection#ie = ie-11
If you decide to erase your cookies, be aware that any preferences you may have set will be lost. In addition, if you block
all cookies, many websites (including ours) will no longer function properly.
The cookies we use:
- Functional cookies: Functional cookies allow us to remember your choices (such as your username, your
language) and to offer improved features. These cookies can also be used to remember changes you made to
the font or font size as well as other customisable parts of the web pages. They also allow you to remember
what you put in your shopping basket.
- Google Analytics cookies: These cookies allow us to analyse how users use our website over 26 months via the
Google Analytics platform.
- Social network cookies: Lesjardinsdelacomtesse.com uses social media plug-ins, mainly Facebook and Twitter,
which allow you to interact via social networks. If you click on a social network button on the site, cookies may
4. Personal rights of the user
In accordance with the Information Technology, Data Files and Civil Liberties Act of 6 January 1978 as amended and
European Regulation n°2016/679 of 27 April 2016 (applicable from 25 May 2018), you have the following rights over all
- The right to update your data, (You can update your data in the "My Account" area)
- The right to delete your data, (Access the right to be forgotten form)
- The right to move your data, (Access the right to move your data form)
- The right to withdraw your consent concerning the use of your contact details to receive offers and promotions via
email, SMS messages or phone calls.
You have the right to access and modify all of your personal data in the section "My Account", "My Personal Info", subject
to their accuracy.
You may, subject to the presentation of a valid identity document, exercise your rights to access, move and delete your
data by contacting LES JARDINS DE LA COMTESSE:
5. Data retention period
Personal data will be kept at least as long as the law requires it.